Employers can’t be hit with penalties for choosing to hold off paying a workers’ compensation award while applying for supersedeas, the state Supreme Court has ruled.

The justices ruled 5-1 in Snizaski v. Workers’ Compensation Appeal Board, PICS Case No. 06-0280 (Pa. Feb. 22, 2006) Castille, J.; Newman, J., dissenting (22 pages) that there is no tension between Section 428 of the Workers’ Compensation Act – which deals with employers who default on compensation awards – and the Workers’ Compensation Appeal Board’s own rules governing application for supersedeas.

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